After 37 years in prison, Arizona man breathes free

PHOENIX -- A man has been released from prison after serving 37 years for two murders he said he didn't commit.

Bill Macumber, 77, was convicted in 1974 of the 1962 murders of Joyce Sterrenberg and Timothy McKillop in north Scottsdale. After years of legal wrangling, Macumber was able to plead no contest and was released from prison on Wednesday.

Macumber maintained his innocence on Thursday. His son Ron Macumber believes his mother framed his father.

"I made that statement [of innocence] when I was first questioned by the detectives in August 1974," Bill Macumber said while fighting tears. "I made that statement of innocence, I don't know, 10,000 times since. I'll take that statement to the grave."

Macumber said he doesn't remember where he was when the murders happened.

"I don't have the least idea where I was. Tell me where you were a month ago today at three o'clock. It's impossible. When you're looking 10 years, 12 years, 15 years back, how do you differentiate one time from another?"

Macumber was convicted in 1975 after his wife, Carol Kempfert, testified that he confessed to the crime. He successfully appealed that conviction but was retried in 1977. He was found guilty again and sentenced to two life terms.

Macumber's attorneys said the jury never heard evidence that a man named Ernie Valenzuela confessed to the crimes.

They said Valenzuela made the confession while in prison for another crime. The New York Times reported that because Valenzuela had died in a prison fight in 1973, the judge ruled that evidence of his confession was hearsay.

In 2009, Arizona Gov. Jan Brewer denied a recommendation from the state clemency board that his life sentenced be reduced.

Macumber doesn't have a high opinion of Brewer.

"My brother and I were taught at a very young age, by my parents, that if you don't have something nice to say about a person, don't say anything at all," Macumber said. "So with your permission, I'll say nothing at all."

The Arizona Justice Project, an organization that works to free prisoners it believes could be innocent, has been assisting Macumber since 2003.

The group believes that Kempfert framed Macumber for the killings. With the project's help, Macumber petitioned the Maricopa County Superior Court for post-conviction relief last year.

He was granted an evidentiary hearing. Prosecutors told the court on Tuesday that without the necessary evidence, they would be unable to try the case for a third time.

Macumber was allowed to plead no contest in the case. He was sentenced to time already served and freed from prison.

Macumber won't say whether he thinks that Kempfert set him up. But his son thinks she did.

"I've said it before, and I'll say it again, yes, I did." The 44-year-old would not elaborate.

Meanwhile, Bill Macumber said he spent his first night as a free man with his family, eating pizza and drinking his first beer in 38 years.

Ron is happy to have his dad back.

"It's awesome -- it's over. He's free. After all of this time, he's free to just do whatever I want with him now."

About the Author

Education: I was born in San
Antonio, Texas, but we moved to Phoenix when
I was one-year-old in 1957. I grew up here
and graduated from Alhambra High School and
attended Phoenix College.

Family: I am married to my wife
Rene', who is a librarian in the Washington
school district. During free time, I may be
found playing basketball in the driveway with
my son, Devin. He's also keeping me busy
with school, Little League, and playing in
chess tournaments around the Valley.

Favorite news memory: We have to go
back to October 15, 1979. I was a country
music air personality at KROP Radio in
Brawley, California, when we had a 6.7
earthquake. Thankfully, there were no deaths
and only minor injuries, but the entire
community was pretty freaked out and
listening to the station on their transistor
radios. I would not want to go through an
earthquake again, but it sure was a great
night to work in radio and see how it can
make a difference in people's lives.

First job: Working as a stringer
for 'The Arizona Republic' at high school
football games. My first real job was
flipping burgers at the old Sandy's
Hamburgers at 51st Avenue and Indian School
Road. My first radio job was as announcer at
KALJ radio in Yuma in 1977.

First concert: Doug Oldham gospel
concert in the 1970s at the old East High
School in Phoenix.

Favorite sports team: Phoenix
Roadrunners minor league hockey. My dad took
me to a game when I was in grade school, and
I was hooked. I wanted to be a radio hockey
play-by-play man. I used to take my cassette
recorder and sit up in the rafters of the
Coliseum and do play-by-play. It was great
later in life to also take my son to
Roadrunners games. Too bad the team just
folded, I'll miss them. (Going to the
Coyotes is fun, but they're not "my" team.)

Outside interests: My family and I
are active in our church - Northern Hills
Community Church in Phoenix. We enjoy going
to movies, sporting events, and like to
vacation at the Beach Cottages in the Pacific
Beach area of San Diego. And I love to play
catch, basketball, football with my son.